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This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.
Clear, lucid, and extremely accessible, Problems and Materials on Payment Law, Eleventh Editionhelps students understand black letter law and the statutory language in the Uniform Commercial Code, the Electronic Fund Transfer Act, and the Expedited Funds Availability Act. Offering a sensible, flexible organization, the text follows the order of UCC Articles 3, 4, 4A, and 8, and is adaptable to many teaching styles. Drawing on experience in both teaching and writing, the authors provide thorough and practical coverage using a popular problems approach. The text’s effective format, manageable length, and inclusion of the most important cases make Problems and Materials on Payment Law a highly teachable book. New to the Eleventh Edition: Updated rules on check imaging and collection are covered in some detail. New cases, including DZ Bank AG Deutche Zentral-Genossenschaftsbank v. McCranie; Majestic Building Maintenance, Inc. v. Huntington Bancshares Inc.; Wesseling v. Brackmann; Auto Sision, Inc. v. Wells Fargo; Peter E. Shapiro P.A. v. Wells Fargo Bank, N.A.; Knop v. Knop; and Cheatham I.R.A. v. Huntington National Bank Additional and expanded problems Professors and students will benefit from: Thorough and up-to-date coverage, including the Electronic Funds Transfer Act and Expedited Funds Transfer Act Flexible organization—adaptable to many different teaching styles or custom projects Multiple-choice questions at the end of each chapter—with analysis for each answer, so students can evaluate why the “right” choice works best Basic intro to the UCC for students who are unfamiliar with it, especially as it relates to payment law Popular “Problems” approach—is easy for students to utilize when studying, and facilitates better in-classroom understanding during discussions Learn how to solve the Rubik's Cube or use the online solver to calculate the steps needed.
Tort Law: Responsibilities and Redress presents tort law as a complex but coherent subject. The authors have arranged the materials to be both highly sophisticated and extremely user friendly. This book has been adopted at schools across the country and always receives high praise from faculty and students for its relevant, contemporary cases, extensive and informative notes, and its 500+ page, cradle-to-grave Teacher’s Manual. The Fifth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of new developments in civil rights law (pertaining especially to excessive force claims against police), as well as public nuisance, toxic torts, and new draft provisions of the Third Restatement of Torts: Intentional Torts to Persons. The book also contains “Check Your Understanding,” “Big Think,” and “Did You Know?” text boxes designed to enable students to engage in self-assessment, along with a user-friendly page layout. A comprehensive set of high-quality PowerPoint slides covering all principal cases is also available to adopters. New to the Fifth Edition: Additional “Check Your Understanding,” “Big Think” and “Did you Know?” text boxes enable students to engage in self-assessment as they proceed through their Torts class New materials on civil rights litigation, public nuisance, toxic torts and the Intentional Torts provisions of the Third Restatement. User-friendly page layout features helpful photographs, illustrations, and original charts Professors and student will benefit from: Text and notes that are fully up to date on the latest developments in tort law, including new Restatement provisions and the latest decisions from state, federal, and foreign courts. More than 15 years of overwhelmingly positive student and instructor feedback from law schools across the U.S. which demonstrate that Tort Law: Responsibilities and Redress is the most user-friendly Torts casebook on the market. The book is completely contemporary. Classic tort cases are included but, emphasis is placed on modern cases and modern issues that demonstrate tort law’s continued importance and relevance. Teaching materials Include: Teacher’s Manual, including Sample Syllabi The 500+ page Teacher’s Manual has no rival among Torts casebooks. Comprehensive Deck of PowerPoint Slides 200+ PowerPoint slides available to adopters can be adapted for use in class, or to help instructors organize their class discussions. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. The unique approach of Torts: Cases and Questions, Third Edition, by Ward Farnsworth and Mark F. Grady provides extraordinary teaching cases that are presented concisely and positioned in tandem, challenging students to compare the cases and draw connections and distinctions between them. Teachers across the country enjoy the lively and instructive classroom experience promoted by this fresh and innovative format. New to the Third Edition: A more streamlined presentation that removes some inessential material and makes coverage easier New material from the Third Restatement of Torts Additional chapters from the earlier edition available for free to download, distribute, and use as you like Professors and students will benefit from: An exceptionally strong collection of cases arranged in pairs that challenge students to explain the distinctions between them Logical organization that starts with intentional torts A balance of classic and contemporary cases chosen to stimulate active student engagement Intermediate cases—shorter than principal cases, but presented in enough detail to support great class discussions Problems integrated throughout the book that help students apply new concepts and prepare for exams A compatible pedagogical approach that supports a variety of teaching objectives
Restitution is a body of law that has immense practical value and wide application to disputes of all sorts. Simply put, it is the set of rules that govern recovery of gains that a party should not keep—or “unjust enrichment,” as it is formally called; and unjust enrichment occurs every day in both private and commercial transactions. Restitution has the dual distinction of being one of the most useful but overlooked bodies of law, due to its lack of study by several generations of modern lawyers. Without a single casebook in print on the subject, it has been nearly impossible to teach restitution law in the past. Restitution and Unjust Enrichment: Cases and Notesfills that void and presents the substance, remedies and history of restitution in a practical and interesting manner. Professors and students will benefit from: The only casebook available for teaching this important and interesting subject, and the first new one in 50 years. A modern reworking of the topic that adopts the framework of Publication of Restatement Third, Restitution and Unjust Enrichment (2011) (“R3RUE”) for teaching purposes. A complete discussion of Restitution, which is part of the required curriculum for students who receive legal training in other parts of the common-law world. Authorship by leading scholars in the field. Andrew Kull was the sole Reporter for R3RUE, published in two hardcover volumes. Ward Farnsworth is the author of a convenient treatise on Restitution, published by the University of Chicago Press in 2014. He is also co-author of the Wolters Kluwer casebook Torts: Cases and Questions, currently in its second edition.
Locate federal cases decided in the U.S. Supreme Court, Court of Appeals, district courts, Claims Court, bankruptcy courts, Court of Military Appeals, the Courts of Military Review, and other federal courts. This Key Number Digest contains all headnotes, classified according to West's® Key Number System, for federal court decisions reported from 1984 to the present. The topics are listed in alphabetical order. The Key Numbers within those topics are listed in numerical order. Each topic begins with scope notes about subjects included and subjects excluded and covered by other topics. Also, there is an outline of the topic, which includes a list of all Key Numbers in that topic. Headnotes are collected by jurisdiction or court and filed according to the West Key Number System®.